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United States v. Haymond

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1672	10th Cir.	Feb 26, 2019	TBD	TBD	TBD	OT 2018

Issue: Whether the U.S. Court of Appeals for the 10th Circuit erred in holding “unconstitutional and unenforceable” the portions of 18 U.S.C. § 3583(k) that required the district court to revoke the respondent’s 10-year term of supervised release, and to impose five years of reimprisonment, following its finding by a preponderance of the evidence that the respondent violated the conditions of his release by knowingly possessing child pornography.

SCOTUSblog Coverage

OT2018 #5: "Arbitration Nation" (First Mondays)
Justices add three new cases to this term’s docket (Amy Howe)
First Mondays, OT2018 #4: “This Is About Frogs” (First Mondays)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Apr 03 2018	Application (17A1065) to extend the time to file a petition for a writ of certiorari from April 16, 2018 to May 16, 2018, submitted to Justice Sotomayor.
Apr 04 2018	Application (17A1065) granted by Justice Sotomayor extending the time to file until May 16, 2018.
May 03 2018	Application (17A1065) granted by Justice Sotomayor extending the time to file until June 15, 2018.
May 03 2018	Application (17A1065) to extend further the time from May 16, 2018 to June 15, 2018, submitted to Justice Sotomayor.
Jun 15 2018	Petition for a writ of certiorari filed. (Response due July 16, 2018)
Jun 28 2018	Motion of Andre Ralph Haymond for an extension of time not accepted for filing (corrected version submitted). (June 29, 2018)
Jun 28 2018	Motion to extend the time to file a response from July 16, 2018 to August 15, 2018, submitted to The Clerk.
Jun 29 2018	Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2018.
Aug 07 2018	Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.
Aug 13 2018	Motion to extend the time to file a response is granted and the time is further extended to and including September 14, 2018.
Sep 13 2018	Brief of respondent Andre Ralph Haymond in opposition filed.
Sep 13 2018	Motion for leave to proceed in forma pauperis filed by respondent Andre Ralph Haymond.
Sep 26 2018	DISTRIBUTED for Conference of 10/12/2018.
Sep 26 2018	Waiver of the 14-day waiting period pursuant to Rule 15.5 filed by the Solicitor General.
Sep 26 2018	Reply of petitioner United States filed. (Distributed)
Oct 22 2018	DISTRIBUTED for Conference of 10/26/2018.
Oct 26 2018	Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Oct 26 2018	Petition GRANTED.
Nov 19 2018	Motion for an extension of time to file the briefs on the merits filed.
Nov 20 2018	Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 17, 2018. The time to file respondent's brief on the merits is extended to and including January 18, 2019.
Dec 06 2018	Motion to dispense with printing the joint appendix filed by petitioner United States.
Dec 17 2018	Brief of petitioner United States filed.
Dec 21 2018	SET FOR ARGUMENT for Tuesday, February 26, 2019.
Dec 21 2018	Brief amici curiae of States of Utah, et al. filed.
Jan 07 2019	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 11 2019	Record requested from the U.S.C.A. 10th Circuit.
Jan 15 2019	CIRCULATED
Jan 16 2019	Record from the U.S.C.A. 10th Circuit is electronic and located on PACER. The record is complete.
Jan 18 2019	Brief of respondent Andre Ralph Haymond filed. (Distributed)
Jan 24 2019	Blanket Consent filed by Respondent, Andre Ralph Haymond
Jan 25 2019	Amicus brief of Social Science and Law Scholars submitted.
Jan 25 2019	Amicus brief of FAMM and the National Association of Criminal Defense Lawyers submitted.
Jan 25 2019	Amicus brief of Due Process Institute submitted.

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This Week at the Court
The Supreme Court released orders from the January 18 conference on Tuesday; the justices granted New York State Rifle & Pistol Association Inc. v. City of New York, New York.
On Tuesday, the justices released their opinion in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.
The justices will meet next for their February 15 conference.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Recent Decisions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
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Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 74

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders Opinions	23	24	25	26
27	28	29	30	31

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	74

United States v. Haymond

SCOTUSblog Coverage

Featured Posts

Court releases March calendar – Amy Howe

SCOTUS for law students: Keeping the Supreme Court open – Stephen Wermiel

Ask the authors: The Supreme Court and the law of and for elites – Ronald Collins

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Merits Case Pages and Archives

Recent Decisions

Current Relists

Conference of January 18, 2019

Major Cases

Recent Special Features

Live Blog Archives

Jan. 2019

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award